HCBS Final Rule

Dear Service Providers,

On December 1, 2023 Department of Developmental Services (DDS) issued a Home and Community Based Services (HCBS Final Rule and Corrective Action) Directive.  The purpose of this directive is to:

a) establish a monitoring timeline for completion of required on-site reviews and

b) outline the steps to address vendored service providers found not to be in compliance.

2024 NBRC HCBS Monitoring Form

NBRC will work collaboratively with HCBS service providers to verify full compliance and implementation of the HCBS settings requirements by August 31, 2024. During the on-site review, NBRC must verify all relevant federal requirements are satisfied.

The directive also states, a provider be found not to be in compliance with any of the federal HCBS requirements, NBRC will use Corrective Action Plan (CAP) processes used in California Code of Regulations, Title 17 section 56056 for residential facilities, which include the provision of vendor appeal rights.

NBRC has posted the monitoring tool to our website and will begin visiting HCBS providers immediately.  Here are the milestones outlined in the approved DDS CAP, with Centers for Medicaid Services:

• February 29, 2024:   25% of service providers in compliance
• April 30, 2024:   50% of service providers in compliance
• June 30, 2024:   75% of service providers in compliance
• August 31, 2024:   100% of service providers in compliance

Thank you for your work and ongoing collaboration.

If you have any questions, please contact:

Luz Cruz  luzc@nbrc.net 707-256-1133

Katy Vanzant  katyv@nbrc.net  707-256-1209

 

HCBS Self-Assessment

In accordance with Welfare and Institutions Code section 4519.2(b), each regional center shall post Home and Community-Based Services (HCBS) Final Rule compliance information on its website, and shall update the information no less frequently than every six months.  The below compliance information is based on provider self-assessment data pulled in October 2021.

HCBSFinalRuleComplianceReport100121 NBRC

General Information

ANNOUNCEMENT: In response to the COVID-19 pandemic, on 7/14/2020 the Center for Medicare and Medicaid Services (CMS) extended the HCBS Final Rule compliance deadline an additional year.

HCBS compliance date is now 3/17/2023.

Specific CMS guidance regarding this extension and frequently asked questions can be found here.

CMS HCBS Final Rule Overview

In California, people with intellectual and developmental disabilities are provided many services because of the Lanterman Act. Many of these services are paid for with state and federal money from the federal Centers for Medicare and Medicaid Services (CMS). Therefore, the state and service providers must comply with what is called the Home and Community-Based Services (HCBS) Final Rule.

DDS has specifically identified that the Final Rule regulations apply to providers of the following service codes:

• Residential: 096, 113, 904, 905, 910, 915, 920
• Day Programs: 028, 055, 063, 475, 505, 510, 515, 855
• Employment Programs: 950, 954

These rules were developed to ensure that individuals receiving long-term services and supports through HCBS programs have full access to the benefits of community living and the opportunity to receive services in the most integrated setting appropriate.

As a part of the federal rule, it is critical that individuals and families have the opportunity to collaborate with service providers regarding the services that they receive.

• DDS HCBS Fact Sheets:
  • English
  • Spanish
  • Tagalog

DDS Frequently Asked Questions

• https://www.dds.ca.gov/initiatives/cms-hcbs-regulations/faq-hcbs-rules/

HCBS Final Rule Resources

• Living Well in My Community Guide
  • English
  • Spanish
  • Tagalog
• DDS HCBS Final Rule Training Information website:
  • https://www.dds.ca.gov/initiatives/cms-hcbs-regulations/training-information/

HCBS Self-Assessment

ANNOUNCEMENT: In response to the COVID-19 pandemic, on 8/8/2020 DDS extended the required HCBS Self-Assessment due date to 8/31/20. The Self-Assessment period is now closed. Specific DDS directive regarding this extension can be found here.

In accordance with Welfare and Institutions Code section 4519.2(b), each regional center shall post Home and Community-Based Services (HCBS) Final Rule compliance information on its website, and shall update the information no less frequently than every six months.  The below compliance information is based on provider self-assessment data pulled on September 1st, 2020.

• NBRC HCBS Final Rule Compliance Report 9-1-20

HCBS Compliance Grants

In recognition that service providers will need to continue taking steps towards modifying their services, the 2020 enacted budget contains $15 million to fund changes that are necessary for providers to come into compliance with the HCBS rules by March 2023.

Information regarding the HCBS Compliance Grant funding process, by fiscal year, is available on the DDS website here:

• https://www.dds.ca.gov/initiatives/cms-hcbs-regulations/hcbs-compliance-funding/

DDS HCBS Approved Concepts in the NBRC catchment area:

• FY 21/22
• FY 20/21
• FY 19/20
• FY 18/19
• FY 17/18
• FY 16/17

NBRC HCBS Grant Billing Instructions:

• Billing Training 7-2020
• Billing Training 7-2021